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Chronicles

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A US court denies the FTC's preliminary injunction bid to stop Microsoft's Activision deal, as the FTC “has not shown it is likely to succeed” in showing harm

CNBC Jordan Novet

Context & Ripple Effects

The FTC had sought a temporary restraining order and preliminary injunction against Microsoft's Activision acquisition, making the court's assessment of likely competitive harm the pivotal early test of the agency's case. The decision follows the FTC's request for emergency court intervention rather than a final merits ruling.

The immediate litigation arc remained active: related coverage records a subsequent failed request to stay the transaction and an appeal seeking further injunctive relief. That makes this ruling consequential both for the deal timetable and for the FTC's ability to use preliminary remedies to preserve its challenge.

First-order effects

  • Microsoft and Activision gain a clearer near-term path to proceed because the FTC did not win the preliminary injunction it sought.
  • The FTC loses its requested pre-closing court remedy and must pursue any remaining challenge without this initial injunction.

Second-order effects

  • The ruling puts pressure on the FTC to persuade an appellate court that interim relief is warranted, a route reflected in the later Ninth Circuit appeal denial.
  • For large game-industry transactions, the decision underscores that enforcement agencies need to establish likely harm early when seeking to halt a deal before closing.

Third-order effects

  • If courts continue to reject preliminary relief in contested technology deals, merger enforcement may increasingly turn on post-closing litigation and remedies rather than stopping transactions upfront.
  • The case also highlights an unresolved institutional question: whether existing preliminary-injunction standards give competition agencies enough room to address potential harms in platform markets before integration occurs.

The trend: This is one data point in the broader test of how effectively US antitrust enforcement can use interim court orders to challenge major technology-platform acquisitions.

Discussion

  • Gameranx Ryan Parreno on x
    This Is Why Judge Corley Decided For Microsoft & Against The FTC
  • Vox Sara Morrison on x
    The FTC's case against Microsoft's Activision acquisition is not going well
  • @bradsmi Brad Smith on x
    Our statement on today's decision: https://twitter.com/... [image]
  • @xboxp3 Phil Spencer on x
    1/We're grateful to the court for swiftly deciding in our favor. The evidence showed the Activision Blizzard deal is good for the industry and the FTC's claims about console switching, multi-game subscription services, and cloud don't reflect the realities of the gaming market.
  • @xboxp3 Phil Spencer on x
    2/Since we first announced this deal, our commitment to bringing more games to more people on more devices has only grown. We've signed multiple agreements to make Activision Blizzard's games, Xbox first party games and Game Pass all available to more players than they are today.
  • @lulumeservey Lulu Cheng Meservey on x
    The legal system worked: A fair and neutral court has reached the correct conclusion about Activision Blizzard's merger with Microsoft based on facts and the law. The judge's ruling rejects the FTC's ideologically-driven attempt to prevent a deal that benefits gamers and allows..…
  • @fosspatents Florian Mueller on x
    Here's the document. 53 pages. Public redacted version. So contrary to what she said at the hearing, she made a public version available immediately, which is great! I'm studying it now and will share observations in this developing thread. https://www.documentcloud.org/ ... 🧵3/X
  • @tomwarren Tom Warren on x
    BREAKING: Microsoft has won its FTC fight to buy Activision Blizzard. Judge Corley has denied the FTC's preliminary injunction request. Details here: https://www.theverge.com/...
  • @tomwarren Tom Warren on x
    “Microsoft and the CMA have agreed on a small divestiture to address the regulator's concerns, CNBC's David Faber reported.” Any such divestiture will be related to cloud gaming in the UK, so it'll be interesting to see what has been agreed here 🤔 https://www.cnbc.com/...
  • @fosspatents Florian Mueller on x
    WE HAVE THE DECISION! FTC LOST! Microsoft-ABK can close! “. After considering the parties' voluminous pre-and-post hearing writing submissions, and having held a five-day evidentiary hearing, the Court DENIES the motion for preliminary injunction. The FTC has not shown” 🧵1/X
  • @jeffnolan Jeff Nolan on x
    Lina Khan's winless streak continues. https://twitter.com/...
  • @tomwarren Tom Warren on x
    here's Judge Corley saying the “FTC's heavy reliance on [Jim] Ryan's testimony is unpersuasive” and that Microsoft's Call of Duty deals for Nintendo Switch and cloud are “perhaps bad for Sony. But good for Call of Duty gamers and future gamers.” [image]
  • @genepark Gene Park on x
    the political ramifications of the Xbox Activision court win. important to note that a Biden appointed judge ruled against the Biden appointed FTC. https://www.washingtonpost.com/ ... [image]
  • @lons Lon Harris on x
    The idea that Xbox owner Microsoft also owning the largest video game publisher in N. America doesn't present any kind of threat to fair and open competition is laughable. https://twitter.com/...
  • @tomwarren Tom Warren on x
    so what happens next with Microsoft's proposed Activision Blizzard deal? The FTC has to make a decision whether to appeal by Friday night. If it walks away (as it normally does) then Microsoft is free to close once the CMA negotiation is compete. Otherwise it's up to the 9th... h…
  • @matthewstoller Matt Stoller on x
    Re: Microsoft-Activision, when a Biden judge - whose son works at Microsoft - lets the biggest tech merger of all time go through, we have a serious problem with the judiciary. There was massive amounts of evidence that Microsoft's goal is monopolization.
  • @hoeglaw Richard Hoeg on x
    Judge on Microsoft x Activision (and Sony). [image]
  • @fosspatents Florian Mueller on x
    A fair and neutral court — not only that, it even was the FTC's preference! Microsoft even offered the FTC a “goodie” for litigating this in the District of Columbia because of existing vertical-merger caselaw. And now things are on the right track in the UK as well. Amazing. htt…
  • @zck Zak Kukoff on x
    Plain and simple : If you need : - Anti-trust that protects consumers - A pro-growth economy - to not blame everything on monopolies Lina Khan is not the right FTC chair for you . If these things bring you to a place of happiness I support it. These are my boundaries https://twit…
  • @macton93 Michael Acton on x
    #Microsoft #Activision - per the order, the FTC has until midnight Jul. 14 to get appeals court to issue a stay on today's order. I expect the FTC will give it a shot. Question is what grounds it will appeal on.
  • @kellen_browning Kellen Browning on x
    Activision stock up 11 percent today after the judge's decision, laying the groundwork for it to close with Microsoft. [image]
  • @gerberkawasaki Ross Gerber on x
    Super stoked. The stupid FTC loses their bid to block the Microsoft Activision deal. Call of Duty fans are saved from Bobby and a strong decision by the Courts! $ATVI $MSFT
  • @fosspatents Florian Mueller on x
    Microsoft and Activision don't need a PI decision in a strict sense. The FTC does. All that the 2 companies need is for the TRO to go away without being replaced with a PI. I've explained why the TRO itself can't realistically kill the deal. It only has a few days left either way
  • @econliberties @econliberties on x
    Today a judge in California declined @FTC's request to halt the Microsoft-Activision deal until they could review it later this year. That's disappointing, but the Commission can and should still challenge it in administrative court. Here's why.👇🧵 https://www.economicliberties.us…
  • @benbajarin Ben Bajarin on x
    Can Microsoft save COD. That is the question for me. Also selfishly, lol. https://twitter.com/...
  • @eriqgardner @eriqgardner on x
    Going to be an interesting appeal, but Microsoft gets a big victory against the FTC's push against the vertical acquisition of Activision [image]
  • @mr_rebs_ @mr_rebs_ on x
    FTC has lost and Microsoft can acquire Activision Blizzard! “...the Court DENIES the motion for preliminary injunction. The FTC has not shown it is likely to succeed on its assertion the combined firm will probably pull Call of Duty from Sony PlayStation, or that its ownership of…
  • @jaredmellott Jared Mellott on x
    Biden/Khan FTC has just lost its court case against Microsoft acquisition of Activision Blizzard. #FTC's case was always a stretch and reflected Biden FTC's anti-capitalist mindset contrary to law. $MSFT #merger https://twitter.com/...
  • @charlieintel @charlieintel on x
    BREAKING: Microsoft wins. Federal Judge has DENIED the FTC's preliminary injunction, allowing Microsoft to acquire Activision Blizzard in the US. This still leaves the UK CMA block to get through to close the deal worldwide. [image]
  • @cecianasta Cecilia D'Anastasio on x
    From the decision: Judge is skeptical that Microsoft will pull Call of Duty from PlayStation or lessen competition should the Activision Blizzard acquisition finalize [image]
  • @dinabass Dina Bass on x
    With Microsoft prevailing over the FTC in a US court and Judge Corley refusing to issue a preliminary injunction to block the Activision deal, all eyes will now turn across the pond to the UK's CMA.
  • @austinnotduncan Austin Evans on x
    Also big news. Seems very likely Microsoft + Activision is going to happen at this point. https://twitter.com/...
  • r/XboxSeriesX r on reddit
    CNBC: Microsoft and the CMA have agreed on a small divestiture to address the regulator's concerns
  • r/classicwow r on reddit
    Microsoft wins FTC case to buy ActiBlizzard - Not directly related to WoW, but we've seen the effects of mergers in the past. …
  • r/XboxSeriesS r on reddit
    Microsoft wins FTC fight to buy Activision Blizzard
  • r/LastStandMedia r on reddit
    Microsoft wins FTC fight to buy Activision Blizzard
  • r/Argaming r on reddit
    Microsoft wins FTC fight to buy Activision Blizzard
  • r/Destiny r on reddit
    Microsoft wins FTC fight to buy Activision Blizzard
  • r/GearsOfWar r on reddit
    Microsoft wins FTC fight to buy Activision Blizzard - will this play in to the “4 first party games a year” (link in comments)
  • r/Diablo r on reddit
    Does this mean Diablo is now owned by Microsoft?
  • r/technews r on reddit
    Microsoft wins FTC fight to buy Activision Blizzard
  • r/giantbomb r on reddit
    Microsoft wins FTC fight to buy Activision Blizzard
  • r/news r on reddit
    Judge rejects FTC's attempt to block Microsoft's $69 billion Activision deal
  • r/entertainment r on reddit
    Microsoft wins FTC fight to buy Activision Blizzard
  • r/gamingnews r on reddit
    FTC has been denied their preliminary injunction.  Judge Corley rules in favor of Microsoft
  • r/neoliberal r on reddit
    Microsoft wins FTC fight to buy Activision Blizzard
  • r/XboxGamePass r on reddit
    Microsoft wins FTC fight to buy Activision Blizzard
  • r/GeForceNOW r on reddit
    Microsoft wins FTC fight to buy Activision Blizzard
  • r/playstation r on reddit
    Microsoft wins FTC fight to buy Activision Blizzard
  • r/Overwatch r on reddit
    Microsoft wins FTC fight to buy Activision Blizzard
  • r/wow r on reddit
    Microsoft wins FTC fight to buy Activision Blizzard
  • r/xcloud r on reddit
    Microsoft wins FTC fight to buy Activision Blizzard
  • r/kindafunny r on reddit
    Microsoft wins FTC fight to buy Activision Blizzard
  • r/TwoBestFriendsPlay r on reddit
    Microsoft wins FTC fight to buy Activision Blizzard
  • r/gaming r on reddit
    Microsoft wins FTC fight to buy Activision Blizzard
  • r/pcgaming r on reddit
    Microsoft wins FTC fight to buy Activision Blizzard
  • r/xboxone r on reddit
    Microsoft wins FTC fight to buy Activision Blizzard
  • r/IndianGaming r on reddit
    Microsoft wins FTC fight to buy Activision Blizzard